On the Estate of Dicaeogenes (30-34)

We made Dicaeogenes (III.) this present not because of his honesty, but as a proof that we have more regard for our relatives, even though they may be thorough rascals, than for money. For, indeed, on an earlier occasion, when it was in our power to punish Dicaeogenes (III.) and deprive him of his property, we did not wish to possess ourselves of anything which belonged to him but were satisfied with merely obtaining what was our own. He, on the other hand, when he had us in his power, robbed us of all he could and tried to ruin us, as though we were his foes and not his relatives.

We will now furnish a strong proof of our own forbearance and the injustice of Dicaeogenes. When the action against Leochares was coming on, gentlemen, in the month of Maemacterion,[*] Leochares and Dicaeogenes (III.) asked us to postpone the action and submit the matter to arbitration. We, just as though we had suffered only slight injuries, agreed to this and submitted the matter to four arbitrators, two of whom were nominated by us and two by our opponents. In their presence we agreed to abide by their decision and swore an oath to this effect.

The arbitrators said, that if they could effect a compromise without putting themselves under an oath, they would do so; otherwise they would themselves also take an oath and declare what they regarded as just. The arbitrators interrogated us many times and learnt the facts. The two whom I had proposed, Diotimus and Melanopus, expressed their readiness, with or without an oath, to declare what they regarded as the truth in the statements; but the arbitrators whom Leochares had proposed refused to do so.

Yet Diopeithes, one of the two arbitrators,[*] was brother-in-law of Leochares here and a personal enemy of mine, and had been my opponent in other actions regarding contracts, while Demaratus, his colleague, was a brother of Mnesiptolemus, who acted with Leochares as surety for Dicaeogenes (III.). These men, however, refused to pronounce their opinion, although they had made us swear that we would abide by whatever they themselves decided. Of these facts I will now produce witnesses before you.

Witnesses

Is it not extraordinary, gentlemen, that Leochares should ask you to absolve him where Diopeithes his brother-in-law condemned him? Or how can it be right for you to acquit Leochares when even his relatives did not acquit him?[*] I beseech you, therefore, to condemn Leochares, in order that we may recover what our forefathers left to us and possess not merely their names but their property also. The personal property of Leochares we do not covet.